Ujjan Bai vs Dharmendra @ Guddan
2023 Latest Caselaw 9402 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 961 of 2023
                                            (UJJAN BAI Vs DHARMENDRA @ GUDDAN AND OTHERS)

                          Dated : 22-06-2023
                                Shri Siddharth Gulati - Advocate for the appellant.

                                Shri Avinash Zargar - Advocate for the respondents.

Records have already been received. Heard on admission.

This appeal is admitted on the following Substantial Questions of law :-

(i) "Whether the lower appellate Court erred in law in rejecting the application under Order 41 Rule 27 CPC with regard to the revenue papers concerning the title of the seller of the plaintiff solely on the ground of delay which is in contravention to the dicta of the Hon'ble Apex Court in (2022) 7 SCC 247 (Sanjay Kumar Singh vs. State of Jharkhand) ?"

(ii) "Whether the lower appellate Court erred in law

in reversing the well reasoned judgment and decree passed by the trial Court without meeting the reasonings on which the same was based ?"

Since the respondents have already represented by their counsel, no notice is required to be issued to them.

Learned counsel for the appellant has prayed for hearing on IA No.6083/2023 which is an application under Order 39 Rule 1 and 2 CPC inter alia on the ground that the respondents are trying to make construction over the Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/22/2023 5:20:55 PM

suit property.

In turn, learned counsel for the respondents prays for time. As prayed, list the case for hearing on IA No.6083/2023 on 26.06.2023.

(ARUN KUMAR SHARMA) JUDGE

JP

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/22/2023 5:20:55 PM